This article shall be known as and may be referenced as "DeFuniak Springs Landscaping and Tree Protection Ordinance."

(Ord. No. 881, § 18.77, 6-26-2017)

The requirements and standards of this chapter shall apply to all new development, redevelopment and commercial expansions of fifty (50) percent or more to existing site area plan in the city. Landscaping required by this section shall be in addition to any compatibility screening required elsewhere in this article.

(Ord. No. 881, § 18.78, 6-26-2017)

Single-family dwelling units and agricultural uses are exempt from the provisions of this section. Lots or parcels of land on which a single-family home is used as a residence shall be exempt from all provisions of these landscaping regulations, excluding for tree removal on city rights-of-way. This shall not be construed to exempt any residential developments that require the approval of a development plan by the planning board.

(Ord. No. 881, § 18.79, 6-26-2017)

(a)

Vehicle use areas:

(1)

A vehicle use area is any portion of a development site used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

(2)

The requirements for mixed use, commercial restricted, commercial general, and light industrial districts shall comply to the following requirements:

a.

Landscaped areas must have a minimum width of three (3) feet and be landscaped primarily with shrubs and with grass, groundcover, and other landscape material in addition to required trees. The landscaped area immediately surrounding a tree shall have a minimum width of five (5) feet. The center of one (1) tree shall be no closer than fifteen (15) feet to the center of an adjacent tree except those trees grouped to achieve a 12-foot spread.

b.

Where off-street parking and other vehicular use areas are located adjacent to sidewalks, streets, and other public rights-of-way, landscaping shall be provided between the public right-of-way and the off-street parking or other vehicular use area. Said landscaping shall include a landscaped yard at least five (5) feet in width containing an opaque screen of landscaping at least three (3) feet in height. Such screen shall not constitute any obstruction to visibility between two and one-half (2½) feet and ten (10) feet in height if such obstruction constitutes as hazard to the vehicular and pedestrian traffic. One (1) tree shall be planted for each fifty (50) linear feet, or fraction thereof, of frontage on a public right-of-way. Landscaping is not required if the off-street parking or other vehicular use area is completely screened from the public right-of-way by an intervening building or structure. All curb cuts shall not exceed one-half (½) of street frontages, and individual cuts shall not exceed forty-five (45) feet in width.

c.

Internal landscaping regulations. All off-street parking and other vehicular use areas used for vehicular parking spaces shall have internal landscaping to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular circulation. Interior landscaping shall account for a minimum of five (5) percent of parking spaces. Other vehicular use areas shall have one (1) square foot of interior landscaping for each fifty (50) square feet in all areas exceeding five thousand (5,000) square feet. Each separate landscaped area shall contain at least one tree, and a tree shall be planted for each one hundred (100) square feet, or fraction thereof, of encroachment by curbing, wheel stops or other barriers which shall be perforated to subdivide parking areas into parking bays with not more than forty (40) spaces, provided that no more than fifteen (15) spaces shall be in an uninterrupted row. If the site contains both parking spaces and other vehicular use areas, the two (2) areas may be separated to determine the interior landscaping requirement by multiplying the total number of parking spaces by three hundred eighty (380) and subtracting the resulting figure from the total square footage of the off-street parking and other vehicular use areas.

Exception: Parking structures and covered drives in parking areas shall be excluded from the above internal landscaping regulations.

d.

Intersection visibility. When an access way intersects a public right-of-way, landscaping shall be used to define the intersection; provided, however, that all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between two and one-half (2½) feet and ten (10) feet. Trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into cross visibility shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping, except grass and ground cover, shall not be located closer than three (3) feet from the edge of any access way. The triangular areas are:

1.

The areas of property on both sides of an access way formed by the intersection of each side of the access way and the public right-of-way pavement line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides.

2.

The area of property located at a corner formed by the intersection of two (2) or more public streets with two (2) sides of the triangular area being measure twenty-five (25) feet in length along the abutting edges, measured from their point of intersection, and the third being a line connecting the ends of the other two (2) lines.

(b)

Buffer zones.

(1)

A buffer zone is a landscaped strip along parcel boundaries that serves as a buffer between incompatible uses and zoning districts, as an attractive boundary of the parcel or use, or as both a buffer and attractive boundary. This shall not be interpreted to mean that parcels within a planned mixed use development must meet these requirements. The following landscape buffer areas shall be required for all new development or redevelopment which creates the indicated land use conflict.

a.

Natural plantings: Where natural plantings are used, a buffer strip in accordance with Table 1 shall be planted. This area shall be free of all encroachment by structure, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per one hundred (100) linear feet shall be as indicated herein. The use of plant materials other than trees and shrubs shall not be permitted unless approved by the city.

b.

Where a commercial and/or industrial district abuts a residential district, a buffer shall be provided on the lot(s) which is located in the non-residential zone at the time such lot(s) is/are developed. This provision shall apply between residential uses where different mixed uses arise.

c.

Where a residential use adjoins a non-residential use and both are located in a non-residential zone, minimal screening shall be required. A solid fence or wall shall be constructed as part of any new development or construction.

d.

Where a single-family residential zone abuts a local or collector street and a non-residential use is adjacent to the right-of-way, screening shall be located on the property developed for non-residential purpose, to the extent that the non-residential use is generally screened from residential view.

e.

The following tables should be used for every one hundred (100) feet of the buffer zone.

Buffer level options:

Landscaping standards:

* See article IX section 18-47 for landscaping requirements for properties in the "MX" Mixed Use District adjacent to properties with the same zoning designation.

Residential Class I uses include properties located within the "R-1" single-family residential district.

Residential Class II uses include properties located within the "R-2" multiple family residential district.

Low Impact Uses include properties located within the "C-1" commercial restricted district, "MX" mixed use district and "A" agricultural district.

Medium Impact Uses include properties located within the "C-2" commercial general district and mobile home parks.

High Impact Uses include properties located within the "I" light industrial district and waste water treatment plants.

(c)

Street trees.

(1)

The developer shall plant, within five (5) feet of the property line within a residential development, one (1) shade tree for every fifty (50) linear feet of right-of-way. Except where property on one (1) side of the right-of-way is not owned by the developer, the trees shall be planted alternately on either side of the street, Existing trees and native tree species that need less water and maintenance are preferred.

(2)

Trees planted pursuant to this section, which would be planted within a space of fifteen (15) feet of either side of overhead or underground utilities shall be selected from the approved small tree list below (small trees have a height at maturity of eighteen (18) feet or less) and shall have a minimum overall height of six (6) feet at the time of planting. Trees which can be planted in areas fifteen (15) feet or more from either side of overhead or underground utilities or on the opposite side of the street from the overhead or underground utilities shall be selected from the approved list of canopy trees below and shall have a minimum overall height of six (6) feet at time of planting. The Walton County Cooperative Extension Service should be consulted in selecting appropriate tree species and planting procedures. Existing trees and native tree species that need less water and maintenance are preferred.

(3)

Use of required areas. No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this article shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

(d)

Walls or fences: Any wall shall be constructed in a durable fashion with a finished surface of brick, stone, wood, metal, or other decorative material approved by the city.

(1)

Fences shall be constructed in a durable fashion with weather resistant wood and be of a consistent pattern. All materials used in the construction of a fence shall be designed and intended for such use. Notwithstanding the foregoing, the county may approve a buffer fence constructed of other materials provided the materials and finish will provide generally the same degree of opacity, durability, and aesthetic compatibility with adjoining residential areas as weather resistant wood. A finished side of all walls or fences shall face the common property line boundary. No wall or fence used for screening purposes shall be less than six (6) feet nor greater than eight (8) feet in height above grade. All walls or fences used for screen purposes shall be generally opaque at a distance of ten (10) feet.

(e)

Berms: All berms shall be planted with both shrubs and ground covers to leave no clearance area. All shrubs shall be a species that can be expected to materially screen the development site within two (2) years of planting. The slope of a berm shall be of a grade that is suitable for maintenance and soil stability while taking into consideration the type of plantings and ground cover that will be utilized by in no case shall a berm be less than three (3) feet in height.

(Ord. No. 881, § 18.80, 6-26-2017)

To ensure the attainment of the objectives of this article, the design and installation of required landscaping shall be consistent with the following standards unless it can be demonstrated that the alternatives will meet the objectives of this article. The landscape development standards contained herein shall apply whenever a landscape plan is required.

(1)

Landscape area requirements. All land uses not specifically exempted by section 18.78 hereof shall devote a minimum of twenty (20) percent of the total developed area to landscape development.

(2)

Perimeter requirements:

a.

Front perimeter landscape areas. A minimum of ten-foot wide strip of land, located between the front property line and the vehicular use area shall be landscaped on all new construction, excepted permitted accessways. Width of sidewalks shall not be included within the ten-foot wide front setback perimeter landscape area.

b.

Material requirements in perimeter area:

1.

Tree count. The total tree count requirement within the front setback perimeter landscape area shall be determined by using a ratio of one (1) tree for each twenty-five (25) linear feet of lot frontage or major portion thereof with fifty (50) percent of the trees being shade trees.

2.

Ground cover. Grass or other ground cover shall be placed on all areas within the front, or other landscape areas not occupied by other landscape material.

(3)

Use of perimeter landscape areas:

a.

Overhang areas. Vehicles may overhang no more than two (2) feet into perimeter landscape areas.

b.

No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this article shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

(4)

Tree protection during construction of the development activity. During development activity preserved trees shall be protected from activities which may injure or kill them. Tree protection techniques found in the "Tree Protection Manual for Builders and Developers," Florida Department of Agriculture and Consumer Services, Division of Forestry, or equivalent techniques should be used.

(5)

Plant material standards:

a.

Unless otherwise provided herein, only Florida No. 1 or better plant material as described in "Grades and Standards for Nursery Plants, Part I, 1963" and "Part II," State of Florida, Department of Agriculture, Tallahassee, shall be credited on the landscape development requirements of this article.

b.

Portions of a developed area left in the natural state shall be credited toward the landscape development requirements of section 18.80.

c.

Trees shall be subject to the following:

1.

Height. Trees shall have a minimum height of six (6) feet at the time of planting.

2.

Planting area.The planting area for each tree shall be a minimum of one hundred (100) square feet around the trunk of the tree and shall be maintained in either vegetative landscape material or pervious surface cover.

d.

Ground cover, lawn grasses, synthetic plant material, and architectural planters shall be subject to the following:

1.

Lawn grasses. Lawn grasses shall be perennial species capable of thriving in DeFuniak Springs, Florida.

i.

Lawn grasses and ground cover planted for credit on the landscaping requirements shall be perennial species capable of thriving in DeFuniak Springs, Florida.

ii.

Grasses may be sodded, sprigged, plugged or seeded, except that solid sod shall be used in swales or other areas subject to erosion.

e.

Synthetic plant material. No credit shall be granted for use of artificial plant material.

1.

Architectural planters. Credit shall be given for use of permanent architectural planters which meet the following criteria:

i.

Architectural planters for shrubs shall have a planting area of not less than ten (10) square feet and a depth of not less than eighteen (18) inches.

ii.

Architectural planters for trees shall have a planting area of not less than twelve (12) square feet and a depth of not less than four (4) feet.

(6)

Site preparation standards. To the extent that is feasible, the performance of development activities and revegetation of altered sites shall be consistent with the following standards:

a.

Development shall not involve the unnecessary removal of any native vegetation. Where removal of native trees is necessary, efforts should be made to transplant such trees.

b.

Site alteration shall occur in planned stages or increments and not exceed the minimum area necessary to prepare the site for the succeeding phase of development.

c.

Adequate erosion control measures shall be put into effect prior to commencing site alteration on each increment.

(Ord. No. 881, § 18.81, 6-26-2017)

(a)

Maintenance:

(1)

All required plant material shall be maintained in a healthy and viable condition.

(2)

Structural elements relating to non-living landscape material shall be maintained in good condition at all times.

(3)

Right-of-way landscape areas installed by the developer will be maintained by the developer.

(b)

Replacement: Dead plant material shall be replaced within a time period appropriate to the growing season of the species in question, not exceeding one (1) year.

(c)

Use of landscape area: No required landscape area shall be used for parking or for accessway to structures, garbage or trash collection or any functional uses contrary to the intent and purposes of this article.

(Ord. No. 881, § 18.82, 6-26-2017)

Whenever the provisions of this article are applicable in accordance with section 18-78, an approved landscape plan shall be required.

(1)

Submission of landscape plan. A landscape plan shall be submitted to the city planning department. The landscape plan shall include sufficient information for the city to determine whether the proposed landscape improvements are in conformance with the landscape standards and other requirements of this article.

(2)

Availability of copies. A copy of the approved plan shall be available on site during installation of all landscape improvements.

a.

Design principles. All landscaped areas required by this article should conform to the following general design principles:

1.

Landscaping should integrate the proposed development into existing site features through consideration of existing topography, hydrology, soils and vegetation.

2.

The functional elements of the development plan, particularly the drainage systems and internal circulation systems for vehicles and pedestrians, should be integrated into the landscaping plan.

3.

Landscaping should be used to minimize potential erosion through the use of ground covers or any other type of landscape material that aids in soil stabilization.

4.

Existing native vegetation should be preserved and used to meet landscaping requirements.

5.

Landscaping should enhance the visual environment through the use of materials that achieve variety with respect to seasonal changes, species of living material selected, textures, colors and size at maturity.

6.

Landscaping design should consider the aesthetic and functional aspects of vegetation, both when initially installed and when the vegetation has reached maturity. Newly installed plants should be placed at intervals appropriate to the size of the plant at maturity, and the design should use short- and long-term elements to satisfy the general design principles of this section over time.

7.

Landscaping should enhance public safety and minimize nuisances.

8.

Landscaping should be used to provide windbreaks, channel wind and increase ventilation.

9.

Landscaping should maximize the shading of streets and vehicle use areas.

10.

The selection and placement of landscaping materials should consider the effect on existing or future solar access, of enhancing the use of solar radiation, and of conserving the maximum amount of energy.

No development plan shall be denied solely on the basis of the design principles in this section.

b.

Installation of plants.

1.

All plants shall be healthy and free of diseases and pests, and shall be selected from the list of approved species below. The city manager may authorize the use of an appropriate species not shown on the lists and then shall add the appropriate species to the list.

2.

Plants shall be installed during the period of the year most appropriate for planting the particular species.

3.

Landscaping shall be protected from vehicular and pedestrian encroachment by means of raised planting surfaces, depressed walks, curbs, edges, and the like.

4.

The landscaping shall not interfere, at or before maturity, with power, cable television, or telephone lines, sewer or water pipes, or any other existing or proposed overhead or underground utility service.

5.

All plants shall be installed according to standards recommended by the Walton County Cooperative Extension Service.

6.

The developer shall provide sufficient soil and water to sustain healthy growth of all plants.

c.

Use of native plants. Forty (40) percent of the total number of individual plants used to satisfy the requirements of this article shall be selected from the following list of recommended native species. The remaining sixty (60) percent of the landscape material shall be composed of native or other species, except those species prohibited under subsection e. of this section.

d.

Recommended plants.

1.

Canopy trees:

2.

Understory trees:

3.

Shrubs:

4.

Groundcovers:

e.

Prohibited plants. The following plants shall not be installed as landscape material:

f.

Irrigation. All landscaped areas shall be provided with an appropriate irrigation system that conforms to the technical construction standards manual. If a landscaped area contains primarily species native to the immediate region, or plants acceptable for xeric landscaping, the planning board or city manager, as applicable, may waive the requirement for installation of an irrigation system. Consideration of a waiver of the irrigation requirement shall include, in addition to the area covered by native vegetation, such local conditions as sun or shade, use of fill soil, and depth to water table.

g.

Non-living materials. Mulches shall be a minimum depth of two (2) inches and plastic surface covers shall not be used.

h.

Maintenance and replacement of plants.

1.

All required plants shall be maintained in a healthy, pest-free condition.

2.

Within six (6) months of a determination by the city manager or his/her staff that a plant is dead or severely damaged or diseased, the plant shall be replaced by the developer in accordance with the standards specified in this article.

i.

Groupings required. When using the Pinus palustris, also known as the Long Leaf Pine, the planting must be at the grass stage. A small grouping of two (2) to three (3) grass stage pines are equal to one (1) larger tree to be replaced. The grass stage tap roots are shorter and normally have not "j" rooted in the containers yet. Therefore they develop a tap root that goes deeper once planted which develops into a much stronger and wind resistant tree.

(Ord. No. 881, § 18.83, 6-26-2017)

(a)

Protected trees. Protected trees shall include all species of recommended native trees listed under Landscape and Design Materials, section 18-83(2)d., and those species listed below. In addition to being included in the list of protected species, the trees must have a minimum diameter at breast height (DBH) which is measure at fifty-four (54) inches above ground level. The minimum diameter at breast height for canopy trees is eight (8) inches and the minimum diameter at breast height for understory trees is four (4) inches. However, with the long-leaf pine tree (pinus palustris) shall be protected with a minimum dbh of six (6) inches and be located within a ten-foot radius to be considered a protected tree.

Where a proposed site plan cannot be designed to accommodate existing protected trees on the site, approval shall be obtained from the city to remove any such protected tree as specified in section 18-83.

(b)

Exemptions. In addition to the exemption for single-family homes set forth previously, the following uses shall be exempt from the tree protection requirements:

(1)

Utility operations. Tree removals by duly constituted communication, water, sewer, electrical or other utility companies or federal, state, county or city agencies, or engineers or surveyors working under a contract with such utility companies or agencies shall be exempt, provided the removal is limited to those areas necessary for maintenance of existing lines or facilities or for construction of new lines or facilities in furtherance of providing utility service to its customers, and provided further that the activity is conducted so as to avoid any unnecessary removal and, in the case of aerial electrical utility lines, is not greater than that specified by the National Electrical Safety Codes as necessary to achieve safe electrical clearance. All pruning and trimming shall be done in accordance with National Arborist Association Standards. Written notice of the removal shall be provided to the city five (5) days prior to the removal, except that when the removal is needed to restore interrupted service under emergency conditions, no prior notice is required.

(2)

Rights-of-way. The clearing of a path for existing or new roadway rights-of-way, provided that the rights-of-way are for existing roadways that are built in conformance with city standards or for new roadways that will be built in conformance with city standards. To qualify for the exemption for new roadways, the developer must post a bond, letter of credit, cash, or other security guaranteeing the repair or replacement of the roadways. The width of the path shall not exceed the right-of-way width standards for each type of roadway established by the city.

(3)

Commercial growers. All commercial nurseries, botanical gardens, tree farms and grove operations shall be exempt from the provisions of this article, but only as to those trees and sites which were planted or managed for silvicultural or agricultural purposes or for the sale or intended sale in the ordinary course of business.

(4)

Emergencies. During emergencies caused by hurricane or other natural disaster, the city manager may suspend these tree protection regulations.

(c)

Conditions for tree removal permit.

(1)

It is the intent of this section to minimize the removal of protected trees and that no permit shall be granted to remove a tree if the developer has failed to take reasonable measures to design and locate the proposed improvements so that the number of protected trees to be removed is minimized. In particular, the design must attempt to preserve specimen and historic trees.

(2)

No permit for the removal of a protected tree shall be granted unless the developer demonstrates one (1) or more of the following conditions:

a.

A permittable use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

b.

The tree is located in such proximity to an existing or proposed structure that the safety, utility or structural integrity of the structure is materially impaired.

c.

The tree materially interferes with the location, servicing or functioning of existing utility lines or services.

d.

The tree creates a substantial hazard to motor, bicycle or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

e.

The tree is diseased, insect ridden, or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements.

f.

Any law or regulation requires the removal.

(3)

The procedures for obtaining a tree removal permit shall be in accordance with the following procedures.

a.

Permit application. The following procedures shall be followed and shall govern the granting of all permits pursuant to this section:

1.

Application. Permits for the removal, relocation, alteration or replacement of trees covered herein shall be obtained by making application to the city in a prescribed form.

i.

In the case of a subdivision development, the application for preliminary plat approval shall address tree removal and preservation. The city council shall have final authority over the approval or the denial of applications for permits in such instances. Staff evaluation of the appropriateness of the application will be included in their recommendation to the city council, and approval of the final plan shall constitute approval to issue the tree removal permit.

ii.

In the case of any new development which requires review by the planning board or the city council or both, permits for the alteration, removal, relocation, or replacement of trees covered herein shall be obtained by clearly addressing the requirements at the time of site plan submittal. Staff evaluation of the appropriateness of the application will be included in their recommendation to the planning board, and approval to issue the tree removal permit.

iii.

In all cases other than those described in subsections (a) and (b) above, permits for the alteration, removal, relocation, or replacement of trees covered herein shall be obtained by making application to the city manager or his/her designee.

2.

Submittals. All applications shall be accompanied by such permit fee as shall, from time to time, be established by resolution of the city council. Each application for a permit to alter, remove, relocate, or replace trees covered herein shall be accompanied by a written statement indicating the reasons for the requested action and two (2) copies of a legible site plan drawn to the largest practicable scale indicating the following

i.

Location of all existing or proposed structures, improvements, and site uses, properly dimensioned in reference to property lines, setback, and yard requirements in spatial relationship;

ii.

Proposed changes, if any, in site elevations, grades and major contours;

iii.

Location of existing proposed utility services;

iv.

Location and identification of all trees (common or botanical name) which are a minimum of three (3) inches in diameter measured three (3) feet above the ground on the site within thirty (30) feet of the buildable area, designating the trees to be retained, altered, removed, relocated, or replaced. Smaller trees to be retained may also be shown by the applicant to assist the city manager or his/her designee in determining replacement requirements. Groups of trees in close proximity may be designated as "clumps," "forests," or "dense tree cover" with the estimated number and type of trees noted. Only those trees to be removed, altered, relocated, or replaced must be named (common or botanical name) on the site plan;

v.

Tree information required above shall be summarized in legible form on the plan and shall include the reason for the proposed alteration, removal, relocation or replacement;

vi.

Applications involving developed properties may be based on drawings showing only that portion of the site directly involved and adjacent structures and landscaping on natural growth incidental thereto; and

vii.

For trees that are to be saved or retained, each application should contain a statement of how these tree areas are to be protected during construction and landscaping operations.

3.

Application review. Upon receipt of proper application, the city manager or his/her designee shall review said application, which may include a field check of the site and referral of the application for recommendations to other appropriate administrative departments or agencies. Applicants shall supply the necessary quantities of approved flagging to identify all trees that are to remain.

(d)

Reserved.

(e)

Replacement of removed trees.

(1)

Trees removed pursuant to subsection (c) above shall be replaced at the expense of the developer. Removed protected trees shall be replaced with a protected tree species as listed under Removal of Trees and Native Vegetation, subsection (b) of this section, Protected Trees; a native tree species as listed under Landscape Design and Materials, section 18-83, recommended plants; or a species identified on the tree replant list.

(2)

Each removed tree shall be replaced with new tree(s) having a total tree caliper equivalent to that of the removed tree.

(3)

Single-trunk replacement trees shall be a minimum of one (1) inch caliper and a minimum of six (6) feet in overall height.

(4)

A replacement tree may be a tree moved from one (1) location to another on the site.

(5)

If the applicant demonstrates to the satisfaction of the city manager or his/her designee that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall provide a monetary contribution to the tree protection and related expenses trust fund. The amount of such contribution shall be determined as follows: For every five (5) caliper inches, or fraction thereof, of replacement trees which would otherwise be required, the contribution shall be equal to the retail value of a planted two (2) inch caliper nursery-grown shade tree. The retail value shall be calculated by taking the average of the median current wholesale price, published by North Florida nurseries, for a container grown, and a balled and burlap two (2) inch caliper laurel oak, multiplied by two (2). The retail value shall be recalculated and adjusted annually on October 1.

(6)

Any replacement tree, planted for credit, which dies within one (1) year of planting shall be replaced by a tree of a minimum of three (3) inches in diameter at the time of planting.

(f)

Tree replant list. Any understory, or canopy tree can be replaced with trees listed in subsection 18-83(3)d.

(g)

Historic, specimen, champion, and heritage trees.

(1)

An historic tree is one (1) that has been designated by the DeFuniak Springs City Council as one (1) of notable historical interest and value to the city because of its location or historical association with the community. A public hearing shall be held by the city council on the designation with due notice to the owner of the tree.

(2)

A specimen tree is one (1) that has been officially designated by the city council to be of high value because of its type, size, age, or other relevant criteria. A public hearing on the designation shall be held by the city council with due notice to the owner of the tree.

(3)

A champion tree is one (1) that has been identified by the Florida Division of Forestry as being the largest of their species with the State of Florida or by the American Forestry Association as being the largest of their species in the United States. Any tree in the City of DeFuniak Springs selected and duly designated a Florida State Champion, United States Champion, or World Champion by the American Forestry Association shall be protected.

(4)

A heritage tree is any tree with a diameter of at least thirty (30) inches or seven (7) feet ten (10) inches in circumference, whichever dimension Is less, measured at a point fifty-four (54) inches above ground level. Heritage trees shall be considered protected trees.

(5)

No historic, champion, heritage or specimen tree shall be removed without a finding by the city manager or his/her designee that the tree is a hazard or that it is not economically or practically feasible to develop the parcel without removing the tree.

(h)

Protection of trees during development activities.

(1)

Generally. To assure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

a.

Mechanical injuries to roots, trunk, and branches;

b.

Injuries by chemical poisoning;

c.

Injuries by grade changes;

d.

Injuries by excavations; and

e.

Injuries by paving.

(2)

Tree protection zone. A circular tree protection zone shall be established around each protected tree as follows:

a.

If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree.

b.

If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

c.

If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.

(3)

Development prohibited within the tree protection zone. All development activities except those specifically permitted by paragraph (5) of this subsection below shall be prohibited within the tree protection zone provided for any protected trees, including any construction of buildings, structures, paving surfaces, and stormwater retention/detention ponds, All temporary construction activities shall also be prohibited within tree protection areas, including all digging, storage of construction material, and parking of construction vehicles.

(4)

Fencing of tree protection zone. Prior to the commencement of construction, the developer shall enclose the entire tree protection zone within a fence or similar barrier as follows:

a.

Wooden, or similar, post at least one and one-half (1 ½) by three and one-half (3 ½) inches shall be implanted in the ground deep enough to be stable and with at least three (3) feet visible above ground.

b.

The protective posts shall be placed not more than six (6) feet apart, and shall be linked together by a rope or chain.

(5)

Permitted activities within the tree protection zone.

a.

Tunneled utility lines. Utility lines which are tunneled beneath tree roots in order to protect feeder roots, rather than trenched. Trenching by duly constitutional utilities shall be allowed except where the trees are historic, specimen, champion or heritage trees, which will be tunneled.

b.

Sodding and ground cover. Placement of sod or other ground covers, and the preparation of the ground surface for such covers.

(i)

Preservation of native vegetation. In addition to the tree preservation requirements, development sites shall comply with the following requirements for the preservation of native shrubs and ground cover:

(1)

Within all other districts, a minimum of ten (10) percent of the total acreage of the site that is populated by native shrubs and/or ground cover shall be preserved.

(2)

The native shrubs and ground cover occurring on the site may be used to satisfy the landscaped buffer and vehicular use landscaping requirements of this article.

(j)

Preservation of protected trees and native vegetation as grounds for reduction in required parking.

(1)

A reduction of required parking spaces may be allowed by the city manager or his/her designee when the reduction would result in

a.

The preservation of a protected tree with a trunk of twelve (12) inches in diameter or greater; or

b.

The preservation of native shrubs and/or ground cover in a quantity exceeding the minimum requirements of subsection (i) of this section.

(2)

The reduction in required parking may be granted only if it will prevent the removal of a protected tree or native vegetation that is located within the area of the site designated as a vehicular use area. The following reduction shall apply:

a.

Tree credits: Any existing protected tree located on the subject property with crown extending over the planned paved parking area, within the perimeter of interior landscaped areas, shall be eligible for credit against the number of protected trees required to be preserved on the site. During development activity preserved trees shall be protected by barriers from activities which may injure or kill them. Tree protection techniques found in the Tree Protection Manual for Builders and Developers, Florida Department of Agriculture and Consumer Services, Division of Forestry, or equivalent techniques should be used. The following credit schedule may be applied for preserving existing trees on-site:

Fifty (50) percent of the area within the drip line of preserved trees which are eligible for credit pursuant to this section shall be maintained in either vegetative landscape material or pervious surface cover.

Such credits shall be subject to approval of the city. Crown spread measurement shall be rounded off to the nearest foot, and the tree trunk diameter measurement shall be rounded off to the nearest whole inch. Diameter of a tree shall be measured at a height of two (2) feet above the natural grade.

(Ord. No. 881, § 18.84, 6-26-2017)

This section shall be applicable only to non-residential development which is greater than one-half (½) acre in total proposed site area and will have a total of twelve (12) or more parking spaces.

(1)

Quantities: Landscaping for parking lots for any single use and group development with twelve (12) or more parking spaces, including any queuing spaces associated with a drive-thru, shall be as follows (any fractional shall be rounded to the nearest whole number):

a.

Canopy trees: One (1) per fifteen (15) spaces, and

b.

Understory trees: One (1) per ten (10) spaces; and

c.

Shrubs: One (1) per five (5) spaces.

(2)

Existing trees: Existing canopy and/or understory trees located within thirty (30) feet of the parking or driveway surface may be counted toward the requirements of this section provided that they are located on the subject property. All distances are to be measured from the nearest face of the tree trunk. Existing canopy trees with a caliper of at least ten (10) inches measured at twelve (12) inches above the root crown may count as two (2) trees. The use of existing trees shall be noted on the landscape plan.

(3)

Distribution: The required landscaping shall be generally distributed throughout the parking area provided that a minimum of twenty-five (25) percent of the required total for each plant category (canopy, understory, and shrubs) shall be planted on interior features such as islands, peninsulas or medians.

(4)

The remaining seventy-five (75) percent of the required total plantings may be distributed between interior features; areas within thirty (30) inches of the outside boundary of the parking and/or driveway surface; areas between a parking surface and any principal building of the site; or in planters on any ground generally enclosed by a combination of building area, pedestrian facilities and/or parking surface.

a.

Preservation of native vegetation. In addition to the tree preservation requirements, development sites shall comply with the following requirements for the preservation of native shrubs and ground cover:

1.

Within all other districts, a minimum of ten (10) percent of the total acreage of the site that is populated by native shrubs and/or ground cover shall be preserved.

2.

The native shrubs and ground cover occurring on the site may be used to satisfy the landscaped buffer and vehicular use landscaping requirements of this article.

b.

Preservation of protected trees and native vegetation as grounds for reduction in required parking. A reduction of required parking spaces may be allowed by the city when the reduction would result in the preservation of a protected tree with a trunk of twelve (12) inches in diameter or greater and/or the preservation of native shrubs and/or ground cover in a quantity exceeding the minimum requirements of subsection (1) of this section.

(5)

The reduction in required parking may be granted only if it will prevent the removal of a protected tree or native vegetation that is located within the area of the site designated as a vehicular use area. The following reduction schedule shall apply:

(Ord. No. 881, § 18.85, 6-26-2017)

(a)

Created. There is hereby created a city beautification and tree board for the City of DeFuniak Springs, Florida.

(b)

Membership. The board shall be composed of five (5) members appointed by the city council as follows:

Two (2) initial members shall be appointed for a two-year term; three (3) initial members shall be appointed for a four-year term; and thereafter, all appointed members shall serve a four-year term. In lieu of appointing a board, the city council may stand as the city beautification and tree board.

(c)

Organization and meetings.

(1)

The board shall, at its initial meeting and annually thereafter, elect a chairman, vice-chairman and secretary-treasurer, who shall serve in said capacities for a period of one (1) year and thereafter, until a replacement has been duly elected by the board. The board shall have the authority to appoint ex officio members to their body; provided that such members shall have no voting rights. A majority of the board shall constitute a quorum to do business, and its proceedings shall be governed by Roberts Rules of Order.

(2)

All board meetings shall be open to the public.

(d)

Termination of membership. Should any board member fail to attend a sufficient number of its meetings or fail to participate otherwise in the board's activities, the remaining board members may request the city council to terminate the membership of said member and appoint a replacement to serve out said member's term of office.

(e)

Duties. The beautification and tree board will have the following duties:

(1)

Conduct surveys and studies of the present condition of all plant life on city properties, rights-of-way and other areas, as the board may determine appropriate;

(2)

Inform itself of the location of utility lines, above and underground, along street rights-of-way;

(3)

Set forth a long-range plan for tree planting and city beautification;

(4)

Determine the annual needs (annual community forestry plan) to be implemented with recommendations of the procedures and personnel needed to accomplish same;

(5)

Submit, to the city council, a recommended budget for the estimated costs of implementing the community forestry and beautification plans, including, but not limited to, planting of ornamental trees on public rights-of-way;

(6)

To cooperate with private property owners in obtaining ornamental plantings and the proper procedures for planting and maintaining same;

(7)

To inform the public, through civic clubs and other organizations, of the needs of citizen and organization participation in tree planting and care and city beautification;

(8)

Organize an Arbor Day observance ceremony or event and propose a proclamation for the city council approval and declaration; and

(9)

In general, to make periodic reports and recommendations to the city council, concerning the aforesaid.

(f)

Appropriations to support projects. The city council will, annually, appropriate funds as the council considers appropriate and justified for plants, chemicals, equipment, labor, etc., to support the approved tree planting and beautification projects. This may include the funding of the various city departments such as public works for tree planting and maintenance of trees on public grounds and in public rights-of-way.

(Ord. No. 881, § 18.86, 6-26-2017)